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Saanvi Krishnaswami

Can a business owner collect unemployment benefits in Washington ESD?

I've been running a small consulting business for the past 2 years but had to shut it down last month due to lack of clients. I'm wondering if I can file for unemployment benefits through Washington ESD since I was basically my own employee? I did pay myself a regular salary and took out payroll taxes. Has anyone been in this situation before?

It depends on how your business was structured. If you were an LLC or corporation and paid yourself wages with payroll taxes, you might be eligible. But if you were a sole proprietor, it's more complicated since you're considered self-employed.

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I was set up as an LLC and did pay myself regular wages with all the proper tax withholdings. Does that make a difference?

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Yes, that could help your case. Washington ESD looks at whether you had wages reported under your SSN with unemployment taxes paid.

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I tried this same thing last year and got denied initially. Washington ESD said since I had 'substantial control' over the business, I wasn't eligible. But I appealed and eventually won because I could prove I was a legitimate employee of my own corporation.

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How long did the appeal process take? I'm worried about waiting months without any income.

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About 6 weeks total, but it was worth it. I got backpay for the whole period once approved.

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Did you have to provide specific documentation to prove you were an employee rather than just the owner?

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You should definitely try filing, but be prepared for potential delays. Washington ESD often puts these types of claims into adjudication to verify eligibility. The key factors they look at are: 1) Did you pay unemployment taxes on your wages? 2) Were you subject to direction and control (even if self-imposed)? 3) Did the business closure happen due to circumstances beyond your control?

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Yes to all three points. The business failed because my main client contract ended unexpectedly. Should I mention that in my application?

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Absolutely mention the client contract ending. That shows it wasn't a voluntary closure but due to economic circumstances.

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If you're having trouble getting through to Washington ESD to ask about this directly, I recently discovered Claimyr (claimyr.com). They helped me get connected to an actual agent after weeks of trying to call myself. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth it for a complex situation like yours.

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Thanks, I'll check that out. I've been trying to call Washington ESD for days but keep getting busy signals.

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How much does that service cost? I'm already strapped for cash.

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It's reasonable considering the time it saves, and they only charge if they successfully connect you to an agent.

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This is such BS that business owners have to jump through hoops when we've been paying into the system just like everyone else!

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I get the frustration but the rules exist to prevent abuse. Some business owners might try to game the system.

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Fair point, but legitimate cases shouldn't be punished for potential bad actors.

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What kind of business did you have? I'm curious if certain industries get treated differently by Washington ESD.

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IT consulting. I had one major client that represented about 80% of my revenue and they suddenly cancelled their contract.

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That sucks. At least IT consulting shows you were providing services to external clients, not just paying yourself from business profits.

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Make sure you have all your payroll records, tax filings, and business bank statements ready when you apply. Washington ESD will want to see a clear paper trail showing legitimate wages vs. business distributions.

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I kept detailed records thankfully. Should I also include my business registration documents?

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Yes, and your Articles of Incorporation if you have them. Anything that shows you were a legitimate employee of the business.

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Don't forget about your unemployment tax payments. Those quarterly reports will be crucial evidence.

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I went through this exact situation 3 years ago. Filed right away and got approved without any issues. The key was that I had been paying myself regular wages for over a year before the business failed.

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That's encouraging! How long did it take to get your first payment?

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About 3 weeks from filing to first payment. No adjudication delays or anything.

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You were lucky. Mine took forever because they couldn't decide if I was really an employee.

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One thing to watch out for - if you're planning to start another business soon, Washington ESD might consider you 'not available for work' which could affect your benefits.

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I'm definitely looking for regular employment now, not starting another business anytime soon.

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Good, make sure to emphasize that in your work search activities. They want to see you're genuinely seeking traditional employment.

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Did you have any other employees besides yourself? That might strengthen your case.

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No, it was just me. Does that hurt my chances?

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Not necessarily, but having other employees would show you ran a legitimate business operation rather than just freelancing under an LLC.

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Whatever you do, don't mention that you 'shut down' the business in your application. Say the business 'ceased operations due to lack of work' or something similar. The wording matters.

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Good point. I don't want it to sound like a voluntary decision when it really wasn't.

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Exactly. Frame it as an involuntary separation due to economic factors beyond your control.

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If Washington ESD denies your initial claim, don't give up. The appeals process exists for situations exactly like this. I've seen plenty of business owners win on appeal even after being denied initially.

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How do I know if I should appeal vs. just accepting the denial?

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If you legitimately paid wages and unemployment taxes, you should definitely appeal. The worst they can do is uphold the denial.

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The appeal process is actually pretty straightforward, just time consuming.

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I used Claimyr when I had issues with my business owner claim last year. Really helped to talk to an actual Washington ESD representative who could explain exactly what documentation they needed.

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Did they help you understand the specific requirements for business owner claims?

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Yes, the agent walked me through exactly what made me eligible vs. ineligible. Saved me a lot of confusion.

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Just file the claim and see what happens. Worst case scenario you get denied and you're in the same position you're in now. Best case you get approved and have some income while job hunting.

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True, nothing to lose by trying. I'll get my paperwork together and file this week.

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Make sure to file ASAP. There's a waiting period and benefits are calculated from when you file, not when you became unemployed.

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Xan Dae

Has anyone dealt with this if you had business debt when you closed? I'm wondering if Washington ESD considers that when determining if the closure was voluntary.

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I didn't have significant business debt, but I imagine that would actually support your case that the closure wasn't voluntary.

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Business debt might actually help prove the closure was due to economic necessity rather than choice.

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The whole system seems designed to make it as difficult as possible for business owners. We pay into unemployment insurance but then have to prove we deserve it when we need it.

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It's frustrating but I understand why they're careful. Too many people would try to abuse it otherwise.

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I get that, but there should be clearer guidelines so legitimate claims don't get stuck in limbo.

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For what it's worth, my accountant said business owner unemployment claims have been getting approved more frequently lately, especially post-COVID when so many small businesses failed through no fault of their own.

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That's reassuring. Hopefully Washington ESD has gotten better at recognizing legitimate business failures.

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Yeah, I think they've seen enough legitimate cases that they're less suspicious now.

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Good luck! Keep us posted on how it goes. There aren't enough success stories out there for business owners in this situation.

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Will do! I'll update this thread once I hear back from Washington ESD.

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Yes please update us. I might be in a similar situation soon with my own business struggling.

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I'll definitely share what I learn. Hopefully it helps others in similar situations.

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